The evening world., 1887-11-02

Then the wife asked for the property. The
High Court Of Judicature in Bombay, at her
request. appointed Henry Gamble, of Bonn
bay, committee of Colah's person and prop
erty. But the Court Of Common Pleas here
refused to grant the widows request on the
ground that they had no jurisdiction to send
the property out of the country, and jarvis
was retained as committee of the property.
At this theory lawyers in high standing smile.
A STRANGE STATEMENT
In December, 1875, acting on information
received from Jarvis, C~hief-Justice DAILY
made the following statement from the
bench:
The estate has all been carefully invested upon
real estate security in this city by bond and mort
cages yielding an annual income Of Z per cent. az
large an amount as can probably be obtained for
It In any country with o view TO the undoubted
security and safety Of the principal /: all this we
are asked to disturb. Courts Of equitable
cognizance, upon whom the duty Ia imposed Of
taking charge Of the estates OF lunatics or other
helpless persons, exercise u very sacred trust
which they ought not and will not relinquish by
transferring 1t to another tribunal or body, except
upon the fullest and most satisfactory assurance
that they can do so with entire safety and with the
confidence that the trust will be in all respects as
well, carefully and economically administered as
they could administer 1t.
This statement was in ludicrous contrast to
the real state of affairs. The Chief Justice
assumed and was told by Jarvis that the
Courts order as to the investment Of Colah's
estate had been obeyed, whereas that order
had been wilfully set at %naught.
JARVIS LENT THE MONEY TO PERSONAL FRIENDS.
It came out afterwards that Jarvis, instead
of investing in United States or city bonds or
New York City real estate, as expressly Or
dered, has loaned the money TO personal
friends in Flushing and in R~ockaway. The
mortgages never paid more than n or two
payments of the interest, and when the
arrears had accumulated for many years and
foreclosure was necessary. it was found that
the property would not yield anything near
the amount loaned. In one case the mort
gagor was found to have no title to the prop
erty on which the loan was secured, and the
whole amount was lost.
HALF THE ESTATE o
Everything went on sw~immingly, however,
with Jarvis until January, 1882, when Colah
died. During these twelve years the sums
received by Colah and his family did not
amount to what the estate would yield ct
therefore to have been still intact, but jar
Wis claimed that in the first four years of his
trust the estate had dwindled to about
$55, 200.
RIENDLY SUIT INSTITUTED.
Prescott Hall Butler was appointed admin
istrator Of Colah's property in this city, and
asking for an accounting of the property
from Jarvis. But Jarvis was then a poor
hand at accounts, and the Commissioners Of
Accounts think there has since been no i'm
provement in this branch of his education.
He did not account for his stewardship. and
delays followed each other in the Court Of
Common Pleas until Mr.. Butler concluded
that that Court had no intention Of seeing the
matter set right, mt he discontinued his
friendly suit to begin one not 30 friendly in
the Supreme Court.
JARvIs's FoRETHoUaHT.
The attorneys for Colah entered the fight
under O great disadvantage. Jarvis had had
the foresight and audacity. only. three years
after his instalment az committee OF the
estate to have himself investigated In In q
Court and secured IN official declaration by
o referee Of the amount Of Colah's fortune,
then in his hands.
The referee appointed to conduct this in
Trap6agen, q close friend Of Jarvis and one
of his bondsmen. Referee Traphagen re-
ported that on Oct. 81, 1874, the funds In
Jarvis's hands amounted to only $55, 081. "a,
and that the other ESQ., 900 and interest had
been swallowed up In the expenses Of the
trust.
THE COMMON LEA DECISION STANDS
Mr.. Butler offered to prove that the refer
ence was q sham, and said that II allowed to
go behind this fictitious accounting he could
fix Jarvis's liability to Colah's estate as high
as S16O. OOo: Still the Special Term Of the
referee, whether right or wrong, was made
under authority of the Court Of Common
Pleas, and must stand.
In 1888 the Common Pleas Court again
stepped in and ordered an accounting. After
more delay Jarvis submitted to Mr.. Butler q
statement made up entirely of figures which,
unaccompanied with q diagram as they were,
were perfectly unintelligible. Not a voucher
was submitted, and much of the statement
Nh. Jarvis was unable to explain himself.
BooKKEEpER's SALARY, q 70 BOOKS.
The tumble of figures ended with - Bal
ance in hand, $16, ooo,"" Mr.. Jarvis acknowl.
in his accounts" was $3.50 q, year for q
bookkeeper, yet there were no books forth
coming.
MR.. BUTLER SUES oNcE MORE
Mr.. Butler sued in Supreme Court for q
further accounting, and Judge Donohue
heard n TIE as;, trial T., MSH;r r;Isst tihI'osI .gd. his is, counsel;
Thompson, Of vanderpoel, Green 4 Gum.
ing, set up, prior to the trial, in an argu.
ment before Judge Donohue in Special
Term, q lack Of jurisdiction Of the Court.
But Judge Donohue oyerruled this demurrer,
and Jarvis then offered to confess Judgment
for $4,000. saying, 1t is alleged, that he
would give security for the payment of that
amount. This was rejected, and Judge
Donohue rendered judgment for $40, ZOO.
THE FUNDS UNAoooUNTEp FOR.
In the decision of the Court were the fol.
lowing singing passages;
The defendant, Jarvis, failed to account for the
moneys received by him or for the income received
or which should have been received upon invest.
ments thereof.
He improperly kept a large portion of the fund.-
A. - IA -aAk
ployed q largo portion Of such funds wastefully fol
his own private purposes, mingled another large
portion with his own funds, and Is now wholly un.
able to account for the same.
In the course of the trial Jarvis swore posi-
lively hat he had paid Major Constable the